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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[criminal power] On May 19, 2010, the Defendant was sentenced by the Incheon District Court to a fine of KRW 1.5 million for a crime of violation of the Road Traffic Act, and on June 30, 2014, at the Incheon District Court issued a summary order of KRW 7 million for a crime of violation of the Road Traffic Act at least twice. On January 9, 2015, the Defendant violated Article 44(1) of the Road Traffic Act at least twice. On May 23, 2015, the above judgment became final and conclusive on May 23, 2015.
【Criminal Facts】
On May 13, 2015, at around 20:40, the Defendant driven Bsch-ton car under the influence of alcohol concentration of about 0.116% without obtaining a driving license from around 10 meters away from the park surrounding the park located in 459, Seo-gu Incheon, Seo-gu, Incheon, to the front road of the underground parking lot of the National Bank of Korea located in approximately 459-7, the same Gu.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of drinking control, report on the state of drinking drivers, and the register of driver's licenses;
1. Previous records of judgment: Criminal records, inquiry reports, previous records of dispositions, results of confirmation, and application of Acts and subordinate statutes to investigation reports (report accompanied by a copy of judgment);
1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation (the fact that it reflects the fact that there is no record of punishment of imprisonment without prison labor or more for the same kind of crime, and the fact that it is a final crime in the holding and an ex post facto concurrent crime);
1. Article 62 (1) of the Criminal Act on the suspension of execution;
1. Order to attend lectures under Article 62-2 of the Criminal Act;